NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners-accused Nos.10 to 12, who are sought to be prosecuted for the offences punishable under Ss. 143, 147, 148, 504, 307, 324, 302 R/w Sec. 149 of IPC have filed this petition under Sec. 438 of Cr.P.C. to enlarge them on anticipatory bail.

(2.) The case of the prosecution is that, there was a property dispute between accused No.1 and the deceased. On 8/6/2023 in the evening hours, the said Marlingappa Hosmani, left the house by saying that he is going to attend nature call and at that time, complainant Shivaganga, his mother and his younger brother Ningappa, were having a chat by sitting in-front of their house and at about 7-30 p.m., they heard a sound of quarrel near Water tank, as such, complainant immediately rushed towards the said spot and noticed accused persons by forming themselves in to an unlawful assembly, wrongfully restrained his father Marlingappa Hosmani and among the accused persons, accused No.1 Basavaraj was holding knife in his hand, all accused persons picked quarrel with the said Marlingappa in respect of transfer of land to his name and among the accused, when accused No.3 Malleshi, accused No.7 Hanmanth and accused No.4 Suresh, caught hold Marlingappa, accused No.1 Basavaraj stabbed with the knife on the abdomen of Marlingappa, due to which, intestine of Marlingappa came out and the said Marlingappa screamed and fallen to the ground, at that time, accused No.2 Shashidhar, accused No.5 Siddappa and accused No.6 Sharanappa assaulted the said Marlingappa with hands and rest of the accused persons were instigating other accused persons to commit murder of the said Marlingappa, at that time, complainant, his mother, his younger brother and one Malleshi, Ningappa, Basalingappa, Marilingappa S/o Shivageni and Basalingappa S/o Mallayya Natekar pacified the galata, took the injured Marlingappa to Kalaburagi and got admitted to him in United Hospital, Kalaburagi.

(3.) Heard the learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1- State and the learned counsel for respondent No.2 - De-facto complainant.